(a) The joint Historic Preservation Commission and Architectural Review Board shall review all Applications for Historic Review, and shall consider among other things, the Historic Significance and architectural features of such building, structure, or property, the nature and character of the surrounding area, the use of such building, structure, or property, the importance of the building or structure to the City, the adherence of any Proposed Replacement Construction or New Construction to the Design Guidelines, and the implication that approval or denial of the proposed Change shall or shall not have on the City's ability to meet the objectives of the Master Plan or any other plan that has been or that shall be officially adopted by City Council, the Planning Commission, Economic Development Commission, or other duly authorized Board or Commission of the City.
(b) The joint Historic Preservation Commission and Architectural Review Board may approve an Application for Historic Review if:
(1) The building, structure, or property to be Changed does not have Historic Significance and/or is Noncontributing within an Historic District or to the Historic Property; the proposed Change does not involve the total Demolition of a principle structure; the proposed Change will have no negative effect on the Historical Significance of the Historic District or an Historic Property; and the work as described in the Application will leave a safe and presentable site compatible with the appearance of surrounding properties; or
(2) There is no feasible and prudent alternative to Change and denial of the permit would:
A. Deny the property owner a reasonable rate of return on the property; or
B. Deny the property owner the use of the property for any already permitted use; or
C. Amount to a taking of the property of the owner without just compensation; or
(3) The Change is necessary to achieve an objective in the Master Plan, or any other plan that has been or that shall be officially adopted by City Council, the Planning Commission, Economic Development Commission, or other duly authorized Board or Commission of the City.
(c) The joint Historic Preservation Commission and Architectural Review Board may approve an Application for Historic Review if each of the following are true:
(1) Such Change would not be detrimental to the public interest of the City and its intent to preserve the character of the City’s Historic district and Historic Properties or other properties of Historic Significance in other parts of the City;
(2) The proposed Change and the remaining site shall not be detrimental to or endanger the public health, safety, comfort or general welfare;
(3) The proposed Change shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values in the neighborhood;
(4) Adequate assurances are provided that measures shall be taken to remove all materials resulting from the Change, to control hazardous materials which may be exposed as a result of the Change and dispose of these materials as may be required by Federal, State and/or local regulations, and to leave a clean and presentable site at the conclusion of the work compatible with the appearance of surrounding properties, and
(5) In its sole reasonable opinion, the exterior elevations of any Proposed Replacement Construction or New Construction are consistent with the Design Guidelines adopted by the Historic Preservation Commission.
(d) The joint Historic Preservation Commission and Architectural Review Board in reviewing such Application shall make its decision thereon within thirty days of the public hearing.
(e) In any case involving an application for the total demolition of a principle building the Application shall be referred to City Council following the review by the Joint Historic Preservation Commission and Architectural Review Board for approval or denial.
(Ord. 09-2021. Passed 11-15-21.)